The Spanish Property Crash – Was This What Was Really Happening?

What if I told you that you could earn millions without actually ever doing anything for just a smallish investment? What if I told you that the victims would be banks and nobody else? (well maybe just the odd foreigner)? What if I told you that you could live happily ever after with no consequences?

You would probably tell me to ‘pull the other one’ wouldn't you - or words to that effect? However, this may well have been the World of the Spanish developer during the boom years.

Let me tell you more.

1) You come up with a plan to build a development of (say) 100 homes maybe on rustic non-buildable land. To this effect, you set up a limited company, an SL, with 3000 Euros in the bank and 500 Euros in notary costs (this is important because limited companies have limited liabilities)

2) You ingratiate yourself with the local Mayor (I will leave you to imagine how, but let's just say, for example, you offered him a cut of your profit)

3) You get your planning permission and, so far, your only cost is for your brother in law, an out of work architect perhaps, to come up with some basic drawings and urbanization plans. You cut him into the deal along with a lawyer to draw up contracts.

4) You go to a bank and ask them to fund the development with possibly a 100% upside for you.

5) Your bank agrees and you get money from them to fund 70% of the cost of the development (having overestimated the cost of course) with 30% of the money up front to start work, 30% when the land is prepared and the foundations in and 40% when the roofs are placed on the properties to finish off the development.

6) Out of your first 30% you take your commission ie. your profit and you start selling the properties off-plan to buyers desperate to get into the hugely profitable real estate boom. Your profit works out as follows:

The estimated sale price of the property is 200k but that means nothing. Your build cost is approximately 600 euros per square metre and your projected homes are 120m2 with optional pools ie. they cost more. Build cost is therefore 72000 Euros although you have told the bank it would be around 100k because you are going to use top quality materials - and you need to add into this the land cost too. The bank gives you therefore 30k per property to get started -3 million Euros.

Your only cost is your out of work brother in law and buying some rustic land at a ridiculously low price and, probably at this stage, you have not even bought the land but maybe you have paid 10% for the option and brought the owner in on the deal.

7) You sit on the project until the rest of the money has "gone". Where does it go? You decide that...as maybe you never intended building anything at all.

8 ) The bank reposseses the land off the SL (which goes into liquidation) and that land is now worth 60% less - because of the huge drop in land prices due to the property crash. In any event, the land hasn't even been re-zoned as urban because the Mayor is now in prison and it was rejected at regional level because the land was in a national park! The bank then (vainly) tries to recoup their initial outlay.

9) You are now relaxing in your Caribbean beach villa on your ill gotten gains but your victim is only the bank (and maybe the whole Spanish economy)

Now If you really want to up the scummy ‘human being’ factor you take deposits off people desperate to buy. A 10% or (let’s say) a 20% up-front payment would be nice and the bank funds the rest through a mortgage. Let's assume you sell half (50 units) at 200k off-plan at a 20% deposit each time. This amounts to maybe another 1 million in your pocket towards building costs - of a building that is never going to be erected (or completed).

So, your profit is 2.5 million give or take from the bank, a million from clients (albeit that 50 people will be searching for you through the courts) - while the bank desperately tries to off-load the land or project to another builder (having already lost 3 million).

Multiply this by the number of unfinished projects throughout Spain and you have more than a slight problem for Spanish banks - and a lot of very happy Caribbean real estate sales agents.

Talk about over egging the pudding, five times EOS have posted my comments ! I hope the merchants of doom don't think this is a put up job. I think Graham's report endorses the fact, that if freehold properties are priced correctly, in line with today's market place, then sales will ensue. Whilst I have never sought to use EOS as a promotional tool for either me or my company, Ido feel the need to speak up for our industry, when so much negativity abounds. I think it is both perfectly correct, and indeed useful, that sites such as this exist, so as to enable the victims of criminal developer low lifes, to have their say, if for no other reason than to serve as a warning to other potential purchasers. I don't think many property professionals would argue that trading conditions are tougher these days, than they have been for many a year, because it's true, you only have to look and see how many of the so called "big boys" are no longer around. A freehold Spanish property purchase is still the dream of many thousands of British and Northern European residents, it can be acheived at a low price and completely trouble free, if you choose the right agent.

Graham said:15 February 2011 @ 22:19

@John Or even five times John ;-)I have made two sales in the last week both of which have had over 100k off the original price. As Mary said there are some good bargains out there if you are patient and as stated I don't feel there is any advantage to be gained from buying off plan anywhere. There is greater value and security in resales

John Scott said:15 February 2011 @ 11:48

Whilst I accept the accounts of financial losses, past and ongoing reported by some of your contributors and true and very real, we can only hope by keeping up the pressure, those responsible will be be brought to book, although, sadly I shall not be holding my breath. May I endorse the comment Mary has made, now is without doubt the best time to buy in Spain, despite the Pound not being as strong, against the Euro, as it once was, property prices are at an all time low, thus enabling the Stirling buyer to obtain more for their money,than they have been able to get in many a year. Spain without doubt has a great deal to offer today's buyer, but it goes without saying, for pity sake, buy through an established company, and whatever happens, do not fall for " once in a lifetime" "never to be repeated" grandiose offers, there are plenty of totally genuine, fully legal properties for sale, with ZERO risk, at bargain prices. Despite the terrible experiances reported here, there are tens of thousands happy buyers, who will always bless the day they bought in Spain. Some of us are still here, putting buyers needs first. Respect to all here.

John Scott said:12 February 2011 @ 12:00

A quick comment to all readers and contributors of this site, I DID NOT SEND MY LAST COMMENTS FOUR TIMES ! so apologiesfor the glitch. John

John Scott said:11 February 2011 @ 14:42

Whilst I accept the accounts of financial losses, past and ongoing reported by some of your contributors and true and very real, we can only hope by keeping up the pressure, those responsible will be be brought to book, although, sadly I shall not be holding my breath. May I endorse the comment Mary has made, now is without doubt the best time to buy in Spain, despite the Pound not being as strong, against the Euro, as it once was, property prices are at an all time low, thus enabling the Stirling buyer to obtain more for their money,than they have been able to get in many a year. Spain without doubt has a great deal to offer today's buyer, but it goes without saying, for pity sake, buy through an established company, and whatever happens, do not fall for " once in a lifetime" "never to be repeated" grandiose offers, there are plenty of totally genuine, fully legal properties for sale, with ZERO risk, at bargain prices. Despite the terrible experiances reported here, there are tens of thousands happy buyers, who will always bless the day they bought in Spain. Some of us are still here, putting buyers needs first. Respect to all here.

John Scott said:11 February 2011 @ 14:34

Whilst I accept the accounts of financial losses, past and ongoing reported by some of your contributors and true and very real, we can only hope by keeping up the pressure, those responsible will be be brought to book, although, sadly I shall not be holding my breath. May I endorse the comment Mary has made, now is without doubt the best time to buy in Spain, despite the Pound not being as strong, against the Euro, as it once was, property prices are at an all time low, thus enabling the Stirling buyer to obtain more for their money,than they have been able to get in many a year. Spain without doubt has a great deal to offer today's buyer, but it goes without saying, for pity sake, buy through an established company, and whatever happens, do not fall for " once in a lifetime" "never to be repeated" grandiose offers, there are plenty of totally genuine, fully legal properties for sale, with ZERO risk, at bargain prices. Despite the terrible experiances reported here, there are tens of thousands happy buyers, who will always bless the day they bought in Spain. Some of us are still here, putting buyers needs first. Respect to all here.

John Scott said:11 February 2011 @ 12:24

Whilst I accept the accounts of financial losses, past and ongoing reported by some of your contributors and true and very real, we can only hope by keeping up the pressure, those responsible will be be brought to book, although, sadly I shall not be holding my breath. May I endorse the comment Mary has made, now is without doubt the best time to buy in Spain, despite the Pound not being as strong, against the Euro, as it once was, property prices are at an all time low, thus enabling the Stirling buyer to obtain more for their money,than they have been able to get in many a year. Spain without doubt has a great deal to offer today's buyer, but it goes without saying, for pity sake, buy through an established company, and whatever happens, do not fall for " once in a lifetime" "never to be repeated" grandiose offers, there are plenty of totally genuine, fully legal properties for sale, with ZERO risk, at bargain prices. Despite the terrible experiances reported here, there are tens of thousands happy buyers, who will always bless the day they bought in Spain. Some of us are still here, putting buyers needs first. Respect to all here.

John Scott said:11 February 2011 @ 11:44

Whilst I accept the accounts of financial losses, past and ongoing reported by some of your contributors and true and very real, we can only hope by keeping up the pressure, those responsible will be be brought to book, although, sadly I shall not be holding my breath. May I endorse the comment Mary has made, now is without doubt the best time to buy in Spain, despite the Pound not being as strong, against the Euro, as it once was, property prices are at an all time low, thus enabling the Stirling buyer to obtain more for their money,than they have been able to get in many a year. Spain without doubt has a great deal to offer today's buyer, but it goes without saying, for pity sake, buy through an established company, and whatever happens, do not fall for " once in a lifetime" "never to be repeated" grandiose offers, there are plenty of totally genuine, fully legal properties for sale, with ZERO risk, at bargain prices. Despite the terrible experiances reported here, there are tens of thousands happy buyers, who will always bless the day they bought in Spain. Some of us are still here, putting buyers needs first. Respect to all here.

Mary said:11 February 2011 @ 09:51

Its the best time to buy in Spain. But only in used property do not risk any new or off plan builds but you can get a great bargain with fantastic rates right now and housing is at the lowest it's going to go this slump. Get in ready for the next boom even though it will be slower and not as steep but its turning. Good luck.

Mr angry said:11 February 2011 @ 09:46

Bit like the Andrews brothers. Nigel and Lionel with their scam in Turkey, and all the doggy sales from Bulgaria. Also involved Darren ??? Possible still operating but wanted by the police.

Robert said:11 February 2011 @ 09:43

Why don't you name them and if you know where I'm sure someone would like to speak to them in person!! Other might not want to speak to them but do everyone a favour!!!!!!!!!!!

if only someone had been at Excel with a hint of this info - most especially the warning about Spanish lawyersif only

Almanzora Anne said:10 February 2011 @ 17:27

Still waiting for 31k from Almanzora Country Park after 7/8 years!!! The builders & Parador Properties should be slung in jail & the keys thrown away!!!

Graham said:10 February 2011 @ 13:21

@Richard Decent advice but it's Franco ;-)@NormanSands Some lawyers have greater indemnity but 100K max in most cases@MikeGunner What comment about Human Rights legislation?@Jeremy Aston You assume we weren't writing about this 5 years ago. Maybe not but we were definitely avoiding this type of scam.

One I remember with shivers down my spine is Trampoline Hills. They were offering 18% commissions to agents with 5% up front on deposit. I went down to look thinking I could offer the properties at 15% off to my clients and looked around. Build quality was awful on the show houses. No bank guarantees in place, No building licence in place. I told them to get back to me when all of the above was there. I am still waiting. Meanwhile I believe they sold over 500 units at 20% deposit on prices around 200k and up 8I could be wrong on the number of units). Do the maths! How many people left their brains behind when travelling as surely these questions should be asked on anything that is off plan.

Gordon said:10 February 2011 @ 12:43

Did this not also happen in Florida and across the U.K? I Leeds a young lad became a multi millionaire overnight following this formula, there is a lady Tamsin Berks who is taking another operator, who was active in the UK and Spain through the High Court, in London. Spain is no different to the UK. There are Bank and Government assisted crooks everywhere.

Bob Ellison said:09 February 2011 @ 22:06

I have read this article with interest and was pleased to see Mr Jeremy Aston making a comment here.Jeremey Aston introduced mr to TM Group about 10 years ago and after much debate and driving around the Costa Blanca we finally decided to pay the little extra and bought a new property off plan.The property was delivered on time, with all the legal papers completed. The entire development was completed, gardens planted and finished, nothing left to to worry about.I the six years since we haven't had single serious problem with the build or legalities and the minor ones we have had were dealt with in good time and in a professional manner.I that time I have sat in many bars and restaurants listening to tales of rouge builders and corrupt or inept lawyers.In general I think the original article in this thread is largely correct but there are a handfull of constructors that do have ethics and TM group is one of them in my experience. I hope they have continued to do so.Buy a property in Spain by all means but corners, do it on the cheap, listen to bar room lawyers and you are going to get burnt. I can guareantee it.RegardsBob.

richard said:09 February 2011 @ 20:17

The glory days of making money in spain are over my friends, you will never stop the corrupt mentality of spain and believe me franko reigns strong throughout the corridors of power,my advice if you want to buy in spain, buy an old house that is registered and with its escritura, and make sure you check there are no debts againts the property this is called a nota simple and last a few weeks as you will be liable once its yours, never trust a solicitor use your loaf.also make sure a deposit is lodged at the local notary and is refundable after 30 days if not completed. good luck

Mike Gunner said:09 February 2011 @ 16:10

Case spoilt by ill-informed comment about Human-rights legislation. I don't trus people who write that kind of thing and don't know how much to believe of all this, given that apparently noone protests. I wonder how much the cases highlighted are typical and how much British expat bar-talk. Expats who don't integrate - I have met them before in clubs in ex-colonies. But no doubt some of this is true.

sid said:09 February 2011 @ 12:51

Yess...a common costa scenario...

Its being repeated in Cyprus and several other popular destinations.

They like to target the British mugs.

normansands said:09 February 2011 @ 12:42

cripes almighty!!!!!that is not enough indemnity to be a newspaper boy.is this really all that Maria and lawbird hold?how can it be when they are dealing with millions of euros in property transactions????

Angry of Los Narejos said:09 February 2011 @ 08:03

Right on the money. I have seen it a thousand times. Now is the time to forget the courts and start cracking skulls.

Nick said:08 February 2011 @ 17:35

As the co-writer of the article with Graham, I would commend John Scott for his comment: "if something appears to be too good to be true, it often is." Indeed. In fact, a lot of people would have done well to have looked more carefully at the fundamentals of what they were buying, together with the overall state of the market itself - before parting with their money. Is anyone, for example, really surprised by the Spanish property crash or its scale? Surely not, as it was obvious that a massive 'balloon' was being pumped towards explosion back in 2005 (at the latest). Easy pickings seemed to be everywhere and this, I believe, made many people careless - for which they are paying dearly now Meanwhile, I am constantly appalled by the corruption within Spain, the often dreadful conveyancing lawyers and their supine College of Lawyers (their Law Society). However, along with this is my amazement at the cavalier attitude of foreign property buyers in Spain - many of whom do not lose lawyers at all or use lawyers (often inexperienced, young, single practitioners) who have a clear and blatant conflict of interest. These people, as Graham rightly says, have been an easy target for the fraudsters, the incompetent and the corrupt.So, what is the answer?I believe that you can buy safely in Spain and avoid the scammers - but to do so you must act with far more caution than you would in the UK (for example). In fact, my 'watchword' would be to say that you should believe everything is illegal or seriously problematic until a lawyer has proved to the contrary, in writing, otherwise...

Graham said:08 February 2011 @ 17:22

One thing I forgot (There is probably more) @Norman Did you ask to see his indemnity insurance? Most lawyers' indemnity insurance in Spain covers about 10k even if you do manage to successfully sue them.

normansands said:08 February 2011 @ 17:14

but I used a qualified practising lawyersurely that should have been sufficient

thanks to all for their input, keep telling it like it is and perhaps some good will come

Graham said:08 February 2011 @ 16:57

Thanks or all of your comments here. Regarding the last comment I see from @Lowbrim you may well be right if you chose the wrong property at hugely inflated values. Prices have dropped in most places hugely but the mantra location, location, location still works.

It is interesting to note that Spanish courts are actually starting to respect the rights of defaulters against the banks though and there is no way this is a Spanish protecting their own situation although I respect what @Bill in Spain says here. Many many Spanish people have been caught out by criminals and, please, let's have less of this Spanish protecting Spanish rubbish, many of the criminals were Brits, just check out the story of Zodiac Villas in Montroy, the case of Ian Wylie around Pedralba highlighted in the Daily Telegraph or any number of other scams along the coast perpetrated by Brits that were trusted more because they were a Brit and spoke English. For the criminal class it was like shooting fish in a barrel and as Mr Aston states here those who were selling property honourably were fighting a losing battle against the ridiculous promises of the off plan merchants for years. Despite warnings and everything we still lost clients to the impossible deal, which usually turned out to be nothing but a pipedream.

To restate the case if you are buying here. Make sure that you1) Use an independent lawyer or get a notary to do the conveyancing. Never accept the recommended lawyer from the agent or developer.2) Do the due diligence3) If buying off plan (Why would you) but if doing so make sure bank guarantees on stage payments are in place. A Spanish court in Santander has just thrown out the claims of a bank giving the guarantee on a property that it wasn't liable so expect jurisprudence in the case soon when it goes to Supreme Court.4) Never hand over money to a developer without the above being done and checked thoroughly.5) Make sure the deposit contract is dependent on the legality of the build being established before purchase. Sounds obvious but it happens.6) Make sure all checks on the liabilities of the property are done and also that future potential liabilities such as Urbanisation costs etc are factored into the price.

Christopher Gamble said:08 February 2011 @ 16:48

The more this type of tale is reported by the mass media the better the chance for change through remedial pressure. With deep investigation through one of the major TV or International News Orgs this could be high profile. And what about Caja banks being politically affiliated to local councils who then borrow funds for dubious public projects (sliding roof on a bull ring for example) that are then put out to 'tender' where the financial kick backs go to all involved with the loans being paid out of the public purse and reclaimed through EU funding for another skim off. Everyday in an Andalucian Ayuntiamento is an episode of 'The Sopranos'! Corruption won't be driven out without mass media pressure on the EU to audit the €250b hand-outs to Spain. No use trying to cover up.....all this needs to be out in the open and cleaned up so that the market can becfome trustworthy through restructuring and transparency....if possible.

lowbrim said:08 February 2011 @ 16:25

Those of you that only paid the deposit and got done should count yourselves lucky. If they had actually built the property and you purchased it you would now be looking at a 40% loss with ongoing rates, utility bills etc and a big mortgage. I just wish the developer I purchased from had defaulted!!!

bill in spain said:08 February 2011 @ 15:57

Very basic but I am sure that this has happened ,put together with the Spanish not bothered what you I or the EU think you have a road for disaster,we were honest and legal found a local boy on full contract stealing and the local court decided to strip us of all we own, even presenting a false embargo to the sum of near 80,000 euros,even though his statement admits all guilt, the next step for the UK should be to protect its people, it probably wont,the step after that will be groups forming in protest,then action through frustration or what is now termed terrorist action by trapped English nationals.One thing is sure the English once pushed will act, it just takes them longer to react.Spain is creating a time bomb not dealing with these problems.

jeremy aston said:08 February 2011 @ 15:30

Mr Robson - I'm not unsulting you at all. I am very sympathetic and yes they were conspititors and it was very easy to be taken in and at a very painful cost, possibly a life changing cost. I have spoken and assisted in some way many people who have been cought by these "criminals" because the word conspiretor is not strong enough!What I am saying though, is that there is another side to the coin. There is more than one, there are many Spanish developers, still working 100% legally and building and developing good sites and excellent property - but becasue of this unholy mess that these dreadful people have created and hurt many decent honest people like you, they have also stigmatised the good side of the indusdry to the point of frightening off equally decent people from buying and enjoying Spain. I have evry sympathy with you and had no intention of casuing offence.

robert robson said:08 February 2011 @ 15:17

i like many others have been robbed of money,won a court case like many others and i find mr astons remarks very insulting for myself and the thousands of people who have lost property and money in spain,it seems to me the spanish lookafter there own whatever the courts say and do,same with the banks,as for putting people off don,t you think what has gone on in the last few years in spain put people off!get real .

Cath Marsh said:08 February 2011 @ 15:09

We won our case against Inroal, nearly 12 months ago. Siezure was put on some of the property. Now I can't even get our indpendent Spanish lawyer to answer our e-mails. It is a joke and an absolute disgrace.

dr david ashby said:08 February 2011 @ 14:43

the same thing happened in central london ie a passageway inbetween two buildings was sold as a flat, as it was 3 foot wide maximum a bijou place you can guess the result some idiot payed £450,000 pound for it defaulted on the morgage went bankrupt the developer decamped to that place for all developers and we the public in uk had the cost of removing the ileagal building seems that this is a eec problem

Jeremy Aston said:08 February 2011 @ 14:27

Well of course it's not a conspiracy at all but the article is retrospective (I believe) unless the authors were writing on this subject 5 years ago, may be they were. What I can say without fear of contractiction, as Sales Director of TMUK - the UK agent of TM Real Estate Group, and a Member of the National Association of Estate Agents is "buyer beware!"In my years with TM I have sold hundreds and hundreds of properties, every single one fully liscenced with full planning on land wholy owned by our developer and never ever have we had a come back from our buyers. Regretably, over the years, via email, at exhibitions and by post I have told people (buyers) "you get waht you pay for" and BE CAREFUL. Look at the company you are buying from - what is it's history? Check it out etc etc but NO - off they go and lose the money and I am very sympathetic of course. Genuinly sympathetic and dam annoyed that these rogues "the conspiritors" have done this to this industry which after all is selling a super life style and has frightened so many buyers off.

David said:08 February 2011 @ 14:20

much closer to fact than fiction?, I think so. Until Spain is prepared to recognise it's wrong doing and provide immeadiate action and real justice now for those wronged , then it's reputation for poor regulation and injustice will continue to wreck the property industry, with the exception of a few who will always buy 'come what may?'.

midasgold said:08 February 2011 @ 14:19

Makes Arthur Daily look like a saint.

Mike said:08 February 2011 @ 13:52

Re Colin Watson: The EU does not protect anyone except the criminals with their daft human rights laws. There are hundreds of MEPS that get paid a lot of money in expenses, wages and pensions and they do nothing except create bureaucracy.Just look at the EU parliament when it sits and you will see how utterly useless it is in protecting people, if an MEP says something the parliament does not like they fine him so all they do is say how fantastic other MEP's are and this is the main problem... the MEP's greed and interest in one thing only, themselves.

John Scott said:08 February 2011 @ 13:39

Nightmare scenario, probably more fact than fiction ! Even in the good old days when legitimate property sellers where experiancing record sales, we were always competing with promotions that appeared to offer new developments with low deposit purchase schemes, often backed by mortgage" holidays"or "guaraunteed" rental returns. Stable door and bolted horse spring to mind, but it surely endorses the old saying, "if something appears to be too good to be true, it often is". For those of us still in the business, let us be no less vigilent, the scammers and thieves have not dissapeared, they have just got a darn sight more devious. Let us hope the Spanish authorities take a much tougher stance on these criminal scumbags, they will have to, if they want to see "business as usual" return to freehold property selling.

Colin Watson said:08 February 2011 @ 13:20

Just read your article - This is not a conspiracy theory, for many honest working people it is unfortunately very real. I am one of the people attempting to get a 10% deposit back through the Spanish Courts on a property only half built since 2007. The footnote to your story is that even if you win said court action the probability of seeing your money again looks remote, despite the developer still trading. I find it difficult to understand how and why is this allowed to happen in a so called developed country which is a member of the European economic community. Where are the laws to protect people?

Colin Watson said:08 February 2011 @ 13:16

Just read your article - This is not a conspiracy theory, for many honest working people it is unfortunately very real. I am one of the people attempting to get a 10% deposit back through the Spanish Courts on a property only half built since 2007. The footnote to your story is that even if you win said court action the probability of seeing your money again looks remote, despite the developer still trading. I find it difficult to understand how and why is this allowed to happen in a so called developed country which is a member of the European economic community. Where are the laws to protect people?